Loading...
HomeMy WebLinkAbout05-5708 Carl C. Risch, Esquire Attorney LD. Number 75901 Hillary A. Dean, Esquire Attorney LD. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff MARCUS SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 -51CR CIVIL TERM CORBAN TOWERS, INC., t/d/b/a CORBAN NETWORKS, INC., Defendant : ACTION IN EJECTMENT NOTICE YOU ARE NOTIFIED that the Plaintiff has commenced an action in ejectment against you by complaint filed to the above term and number on !l.Javember J ,2005, which action you are required to defend. You are required to plead to the said complaint within twenty (20) days after service has been completed, or judgment by default may be entered against you. This action concerns the premises hereinafter described: ALL that certain piece, parcel or tract of land situate in the Township of Lower Frankford, County of Cumberland and State of Pennsylvania being bounded and described as follows: Beginning at the northwest corner of the proposed lease area, said point also being the intersection of the southern right-of-way line of Township Road T -455, a thirty-three (33) foot right-of-way, and the eastern right-of-way line of Township Toad T-458, a thirty-three (33) foot right-of-way; thence along the southern right-of-way line of T-455 , North 780 54' 30" East a distance of 163.49 feet to a point; thence along same, North 780 21' 30" East a distance of 166.51 feet to an iron pin; thence across lands of the Grantor herein, South 11 0 38' 10" East a distance of 315.41 feet to an iron pin; thence by the same, South 780 25' 00" West a distance of 106.53 feet to an iron pin; thence by same, South 750 25' 00" West a distance of 170.00 feet to an iron pin; thence along the eastern right-of-way line of T-458, North 21000' 00" West a distance of 330.00 feet to the point of beginning. Said parcel containing 2.22 acres as per survey of Olsen, Zarnick & Seybert, Inc. dated June 28, 1984. L . . F.\F1LES\DA T AFILE\GeneraIICurrent\11424, 1 ,PRA Created: 12/22/05 I022AM Revi~ed 12/22/05 l0:48AM Carl e. Risch, Esquire Attorney I.D. Number 75901 Hillary A. Dean, Esquire Attorney I.D. Number 92878 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PAl 7013 717-243-3341 Attorneys for Plaintiff MARCUS SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 5708 CIVIL TERM CORBAN TOWERS, lNe., t/d/b/a CORBAN NETWORKS, lNC., Defendant : ACTION IN EJECTMENT PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary: Issue a Writ of Possession in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO BylJj j{)A~ {l;e(j!(/ L./Carl C. Risch, squire Hillary A. Dean Esquire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: December 22, 2005 Attorneys for Plaintiff . , . CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MAR TSON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy ofthe foregoing Praecipe for Writ of Possession was served this date by depositing same in the Post Office at Carlisle, P A, first class mail" postage prepaid, addressed as follows: Corban Towers, Inc., t1d/b/a Corban Networks, Inc. 901 Jupiter Road Piano, TX 75074 MARTSON DEARDORFF WILLIAMS & OTTO By~dt (llv Mary . Price Ten st High Street Carlisle, PA 17013 (717) 243-334] Dated: December 22, 2005 -~ ("') ....., 1"- = 0 c: ,;:::-..;;, -n ~, n ~ 0 ::;J \:) ~ 1'......, f1':::O ~ " r- -S f'..) -orn ~ .~"_-.Cl '^' N (jJ"} ~, .. :':-1:'~ .c'f, -.:; (;' ~ > ;~;ZFJ "" '" \A. -"" ;" <; ..:>' 2)cn \,., 0 ~;! G ","'. ~D 4 .< F:\FILES\DA T AFILE\Genera!\Current\I 1424. Lwrilposs Created 12/22/05 10:22AM Revised: 12122/05 10:27AM Carl C. Risch, Esquire Attorney LD. Number 75901 Hillary A. Dean, Esquire Attorney LD. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff MARCUS SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 5708 CIVIL TERM CORBAN TOWERS, INC., tldlb/a CORBAN NETWORKS, INC., Defendant : ACTION IN EJECTMENT WRIT OF POSSESSION -vr' ,/. ~ /" ....---- COMMONWEAI::11LOF.J'.mfNS~i VANIA -: tri COUNTY OF CUMBERLAND To the Sheriff of Cumberland County: (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to Marcus Snyder: ALL that certain piece, parcel or tract ofland situate in the Township of Lower Frankford, County of Cumberland and State of Pennsylvania being bounded and described as follows: Beginning at the northwest comer of the proposed lease area, said point also being the intersection of the southern right-of-way line of Township Road T-455, a thirty-three (33) foot right-of-way, and the eastern right-of-way line of Township Toad T-458, a thirty-three (33) foot right-of-way; thence along the southern right-of-way line ofT-455, North 78054' 30" East a distance of 163.49 feet to a point; thence along same, North 780 21' 30" East a distance of 166.51 feet to an iron pin; thence across lands of the Grantor herein, South 110 38' 10" East a distance of315.41 feetto an iron pin; thence: by the same, South 780 25' 00" West a distance of 106.53 feet to an iron pin; thence by same, South 750 25' 00" West a distance of 170.00 feet to an iron pin; thence along the eastern right-of-way line ofT-458, North 210 00' 00" West a distance of 330.00 feet to the point of beginning. Said parcel containing 2.22 acres as per survey of Olsen, Zarnick & Seybert, Inc. dated June 28, 1984. (2) To satisfy the costs against Corban Towers, Inc., t/d/b/a Corban Networks, Inc., you are directed to levy upon any property of Corban Towers, Inc., t/dfb/a Corban Networks, Inc., and sell their interest therein. Prothonotary Seal of the Court Deputy Date: December , 2005 If you wish to defend against the claims set forth in the following pages, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court within twenty (20) days after this complaint and notice are served. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELPo Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Carl C. Risch, Esquire Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff I:,\FI] .FS',,[)^T^FILI:\Gcncr"l\Currcnt\l 1424.1.c"mp C1ealed: 1O/26i1lS J:1I2PM Kevj,cd: lOn]i05 i!:52^M Carl C. Risch, Esquire Attorney J.D. Number 75901 Hillary A. Dean, Esquire Attorney J.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiff MARCUS SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - ~'7()1 CIVIL TERM CORBAN TOWERS, INC., t/d/b/a CORBAN NETWORKS, INC., Defendant : ACTION IN EJECTMENT COMPLAINT 1. Plaintiff, Marcus Snyder, is an adult individual residing at 280 Pinedale Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Corban Towers, Inc. t/d/b/a Corban Networks, Inc., is a corporation with an address of 901 Jupiter Road, Piano, Texas 75074. 3. Plaintiff's predecessor in title and Defendant's predecessor in interest entered into an agreement in which Defendant would lease space for a microwave tower located on a portion of Plaintiff's farm, located at 280 Pinedale Road, Carlisle, Pennsylvania 17013 (hereinafter "the premises"). 4. A memorandum of lease agreement was filed in Cumberland County on August 23, 1984, which is attached hereto as Exhibit "A." By and through various assignments and successions, the Plaintiff and Defendant named herein have become Lessor and Lessee to said lease. 5. A legal description of the premises upon which the microwave tower is located is attached hereto as Exhibit "B." 6. This being the same premises which Paul B. Snyder and Mary F. Snyder, by Deed dated September 8, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, February 12, 2002, in Deed Book 250, Page 1784, granted and conveyed unto Paul B. Snyder and Mary F. Snyder, joint trustees or their successors in trust, under the Snyder Revocable Living Trust dated September 8, 1993. Whereas, the Trustees desired to convey the premises including the leased premises to the decedent's grandson, Marcus Snyder, under a family settlement and Waiver of Right of First Refusal Agreement made December 4, 2003, which is hereby attached as Exhibit "C." 7. Defendant failed to make lease payments to Plaintiff for the lease of the premises in the amount of $2,244.40 in breach of the lease. 8. On or about September 15, 2005, Plaintiff sent a letter to Defendant via certified mail terminating the lease, and requesting that Defendant remove said microwave tower and its equipment from the property. A copy of the letter is attached hereto as Exhibit "D." 9. To date, Defendant has not paid Plaintiff nor has Defendant removed said microwave tower and its equipment from Plaintiff's property. 10. Defendant has breached the terms of the lease agreement and the lease has been terminated. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant for possession of the real property located at 280 Pinedale Road, Carlisle, Pennsylvania (further described in Exhibit "B") and enter an Order directing Defendant to remove the microwave tower and any and all appurtenant equipment placed by Defendant on the property. MARTSON DEARDORFF WILLIAMS & OTTO Date:A}oVemwJ,2005 Attorneys for Plaintiff ~ \.1 :',~:,~',::;,':^"'H 2"/hl~,t ~ '" , ,. '", " MEMORANDUM 01' LUSE AND RIGHT 01' FIRST REFUSAl. 'l'HIS MEMORANDUM 01' !.EASE AND RIGHT 01' FIRST REFU~r;c ~ i1 J executed and delivered in Carliole. pennsylvania aa of ~e :F~r4ay (f of August, 1984. '""" ~: \~ ;.;. ~ '~.:'.: :'~ 1 .t? a....'. e Box 275~~r=:'::1::n:~::1:n~h::n:;t~::e:e:':~~:: (. WITNESSETH. -Lessor") and QWEST MICROWAVE VII, INC., an Ohio corporation. with offices at 401 S. Sherman. Suite 111, Richardson, Texas 75081 (hereinafter referred to a8 -LesseeM), have entered into a certain Ground Lease Agreement dated a8 of the 1st day of August, 1984, whereby Lessor leased to Lessee for a term of ten (10) years, cotmencing on August 1, 1984, the following described premises situated in the Township of Lower Frankford, County of Cumberland and State of pennsylvania, to wit. See Exhibit -AM attached hereto and made a part hereof.. NOW. THEREFORE. in consideration of these pre.iaea. the parties hereto agree. declare and confirm as follows. 1. The parties hereto confirm and declare that they have entered into a formal Ground Lease Agreement dated as of the 1st day of August. 1984. whereby the above-described premiees have been leased for the period set forth above. and whereby such Ground Lease Agreement containa two (2) renewal options for terms of ten (10) years ea~h with the second renewal term ending on July 31. 2014 and a right of first refusal for Lessee to purcliase Land which includes the leased premises. Should Lessor desire to sell land which includes the leased premises, during the term of the Ground Lease Agreement or any extension thereof. and an acceptable offer to purchase said land be sUbmitted, Lessor shall provide to Lessee a copy of the offer to purChase and Lessee shall have the ~ right of first refusal -to purchase the land upon the same terms BS in the offer. except that. (a) Lessee shall have thirty (30) day. to elect to exercise its right of first refusal after receipt of its copy of the offer to purchasel and (b) closing pursuant to the right of first refusal shall occur sixty (60) days after such xeceipt or upon the date stated in the offer to purchase. whichever is later. The said Ground Lease Agreement contains additional provi.ion. with respect to the payment of rent and the use and occupancy of said premises. reference being made to said Ground Lease '.~' Agreement for a complete statement of these terms and conditio~a. available in the offices of Lessee. . BOOK 29'7 fAGlll.'iO .' ~-"......."...,..--_._-----_._-- ~ ) ~ 2. The parties hereto agree that this instrument may be filed for record in the otfice for the recording of deeds in Cumberland County for the purpose of giving notice of record of the existence of aaid Ground Lease Agreement and other rights and interest of the parties thereunder. 3~ This instrument shall be binding upon and inure to the benefit of the heirs, executors, administrators, successor a and assigns of the parties and shall be appurtenant to and shall run with the land. l.., IN WITNESS WHEREOF, thia Memorandum of Leaae ia executed as day and year firat above written. and acknowledge presence of. LESSOR. pa{E.~rtJJ /~"f ~.LJ rn~0. Mary F. yder LESSEE. QWEST MICROWAVE VII, IHC., an Ohio corporation By. ~<.r Ita. e-:~ &.7~< ;) . \A~.C J L STATE opf-t1 110 n f.t /) /. sa. COUNTY OF ~<<--{ )1../,. 't: On thi't...tha 1/1,:: day of 1J",~"'Jf- ,1984, before. me ,S~...lt"b~the unders1.gned officer, tpersonally appeared Paul B. Snyder and-~ry F. snyder known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and aCknowledged that they executed the sa~e for the pur~s~~ therein contained. ,', )_\ . . .~~. .,<.~::;.tf,~~TNESS WHEREOF, I hereunto set my hand and official i~ 7~:t:'~~~~~.:'~i' .~\ .,~\~;o""'>'-" .. $.~ 13 .J~./,_/,,,~ f,;~{'}:"'-'::'<'("i" Nota~-;' puilfu~7'" My ,Co....h.ion Expire.. 1.3-$-' /k/~n "B. S~4 /,,~j,......,.-,.... .....r.'. - /J. (Printed Signature) --(j My County of Re8idence'~vf~ STATE OF i.-,-- ... '--- COUNTY OF '1).00... On this., the ~ day of ('" _ . JL , 1984, before me. ~I~ ~~/..~ the undersigned officef, personally appear d ( -.. IJ'1.- ....ho acknowledged himsel f to be the' ~ of QWest M!.crowave VII, Inc.. an Ohio corporation. and t.hat he as auch ~.._ , beinq authorized to do ao, executed the foregoing~an8trument for the purpose. therein contained by 819ning the name of the corporation by hi.self a.~""b-"" 1) ~ -2- j I ,i.:' ___b\~~~')lPl._ \\31 ~ ~ ,---~-- I. " . I< nf WITNESS WBEREOP, I hez:eunto a.t. sy hand and. official seal ~ .'., i/):~~~(\"" -' ','-7'- .. "", ~,' :' :. .,\'~ '5'?~i:~~,ifn Expires, Jt1111/./K~ .;'~.~f:,9~~~i bf Residence, ~Ol... ."l- fJ,\. _..' 'm._ ~) 7. )}tJ_. ~ DOt.ax-y ~ l1c p/#y IJ I<J'''LI'''''~ (printed Signature) I \ This instrument was prepared by' Charles H. Mccreary III Bricker ~ Eckler 100 East Bx-oad Street Columbus. Ohio 43215 .', ~- \ I \ , , ,1 \ J \ , , l ~l I , i 1 ~ , i 1 =:::;--;:;..- \ j , ,J\ IJ I i , 0658R -3- BOOK 29'7 fACE t1~).. EXHIBIT "A" C__' - All that certain piece, parcel or tract of land situate in the Township of Lower Frankford, County of CUmberland and state of Pennsylvania being bounded and deaeribed as follows: geginning at the northwest corner of the proposed lease area, said point also being the intersection of the southern right- of-way line of Township ~ad, T-455, a thirty-three (33) foot right-of-way, and the eastern Tight-of-way line of Town~hip Road, T-45B, a thirty-three (33) foot right-at-way: thence alonq the southern right-of-way line of T-455, North 7a~ 54' 30" East a distance of 163.4~ feet to a point; thence along Same, North 780 21' 30" East a. distanl::~ of 166.51 feet to an iron pin; thence across lands of the Grantor herein, South 110 38' 10" East a distance of 315.41 feet to an iron pin; thence by same, South 18- 25' 00" West a distance of 106.53 feet to an iron pin; thence by same, South 75".2.5' 00" West . distance of 17Q.00 feet to an iron pinl thence along the eastern right-of-~ay line ot T-458, North 21- 00' 00- West . distance of 330.00 feet to the point of beginning. said parcel cbntaining 2.22 acres as per survey of Olsen, Zarnick " seybert, Inc. dated June 28, 1984. ~ Sul::l:lect to uy and .:11 ~x1ating right8-ot'';'~ay and easements of hc:ord.. "' ..~. ':'~:.;' \..L . , ~. ... of l'enr'tsvtv,,"ia 1 55 ", CountY of cumb(lri(ll"ld J ot~;.. ......J. __...Ia.41 tho OH.,.(': fe.' '''', ....cor~, \', " ,"J-.....~ =;;,,; for cu~n~.-':<-~-' ~1'::.~:":1r~~~~,' , ^,dt b ,reago ",,,t 1ri~8()oLl-~ .':;;. ~- .....<'.:i'~'>::!l..,. wftne6S (flV l1a'~l\ a~;C; !<fl.~~ ~~~. l~.:t C8rUIIe.P..thiS~dav~\~,... \;:-'. :'~>?:.: de(~ '~.\I. ~;/.-:-.. ~ ~,....._"..- "~..:.'Y. ~ ' ~.. .b .-..) , . ~'A~t l> ~./ eoo~ 29'} PACE 11~3 '--- i 1 I i , , \ \ I ! CI :'r~:~~~~";"'" ./ I \.+ D tfV\\ lOt \, All that certain piece, parcel or tract of land situate in the Township of Lower ?rankford, County of CUmberland ~nd State of Pennsylvania being bounded and de.c~ibed as follows: Beginning at the northwest corner of the proposed lease area, said point also being the intersection of the southern riqht- of-way line of Township Road, T-455, a thirty-three (33) foot rigr.t-of-way. and the eastern right-oi-way line of Township Road, T-458, a thirty-three (33) foot right-of-way: thence along the southern right-oi-way line of T-455. North 78G 54' 30" East a distance of 163.49 feet to a point; thence along same, North 780 21' 30" East a distancQ of 166.51 feet to an iron pin. theoce across lands of the Grantor herein, South II- 38' 10" East a distance of 315.41 feet to an iron pin; thence by same, South 7S. 25' 00" West a distance of 106.53 feet to an iron pin; thence by same, South 75., 2S' OO~ West 4 distance of 110,.00 feet to an iron pin; thence along the eastern right-of-way line of '1'-458. North 21" 00' 00. West . distance of 330.00 feet to the point of be9inninq. Sa14 p6rcel cbntaininq 2.22 acres a. per survey of Olsen. Zarniclt " Seybert. 'Inc.. dated June 28. 1984. Subject to any and all ~xlstinq riqhts-ot.way and easements of record. ~' " ,.....,..,,~:.;,... L . "', _",,,,,nn_"" I 55 ' County 01 Cutnb(\rli\0d . ot.~-=-"'_ "/J, ___~ In th6_0't,,~(lft.. ~~, -..cor~, \"-. ,:' ~\ ~t -- ntv.lIa";IIi)i;,. 'I~l; -..tn M\d far Curr.~":".J'- ~._~>.~,'~~-'~~!fj ~ ' , . 800k EI*- '.'''~,~ .... ~%iVI' WI--::- as my har'tl ar;c ~f!"t9f ..,~GeI!- .', <"~': 'WIIl..ne "]?'t J! . . '. :. ~ ~P..thiS~day.i?\_:-.. \;:-' />j,.1 -: ,- ~ 4{ ','", der ~ '~,(~.. Ji_-"';'--" .~. ~.......~--- "'''-'',-, - :" - I~ ...,) , 'l..rl~iV .....,/ BOOK 29'7 r.iGllHl3 .---~-.- --...------------------- , \ I , \ I fik\ \oJ C 03/02/2005 07:15 717-705-5549 FAC DES CONSTR PAGE 08 WAIVER OF RIGHT OF FIRST REFUSAL This Waiver of Right of First Refusal Agreement made this 4~ay of December, 2003 by co~an Towers, Inc. having an address of 901 Jupiter Road. Piano, Texas, 75074. WHEREAS. PaulS. Snyder and Mary F. Snyder, are the lessors under a Memorandum of lease and Right of First Refusai given to Quest Microwave Vii, Inc. which document is recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania at Deed Book 297 at page 1190; and WHEREAS, the lease is for a microwave tower located on a small portion of a farm, Tax ID #4 14-05-0421-039 owned by the Lessors and identified by metes and bounds description atlached hereto as Schedule AA@; and WHEREAS. said lease purports to give a Right of First Refusal to purchase the entire farm which includes the leased premises should the farm be sold by the lessors; and WHEREAS. the Lessors are both deceased and their estates are being administered by their sons, John Snyder and Ricf1ard Snyder, Trustees Of the Snyder Uving Trust dated September 8, 1993; and WHEREAS, the Trustees, in liquidation of the estate, desire to convey the entire farm Including the leased premises and subject to the lease terms to the decedents- grandson, Marc Snyder, under a family settlement whicf1 utilizes the farm as a partial distributlon in kind; and WHEREAS, the aforesaid lease and Right of First Refusal have been assigned and assumed by various entities including Microwave Site Maintenance, Inc., and Pinnacle Towers, Inc.; and WHEREAS, pursuant to the Master Quitclaim 8ill of Sale, Assignment and Assumption Agreement between Pinnacle Towers, Inc, and Corben Towers, Inc, dated February 7, 2003, atlached hereto as Scf1edule A8@, the aforesaid lease and Right of First Refusal was assigned to Corban Towers, Inc,; and WHEREAS, the microwave tower site Is Identified as Site 5849, Bloserville, Pennsylvania, Tax 10 #14-05-0421-039; and WHEREAS, Corban Towers, inc" present holder of the Right of First Refusal, having proper notice of the desired conveyance from the estate~s Trustees to Marc Snyder wish to waive their Right of First RefUsal as to that conveyance; and NOW THEREFORE, the Corban Towers, Inc. in consideration of One ($1.00) Dollar and Intending to be legally bound agree as follows: 1, The WHEREAS clauses are Incorporated herein by reference. 2. Corban Towers, Inc. hereby waives any and all Rights of First Refusal for the Intended conveyance of the farm property, a portion of which includes a 2,2 acre Lessor parcel, from John Snvder and Richard Snyder, Trustees of tile Paul 6. Snyder and Mary F Snyder Living Trust dated September 8, 1993 to Marc Snyder. - 3. Grantors and Grantee execute tills document to evidence the transfer of title to the premises Is being made subject to the terms and conditions of the aforesaid lease Including the right of first refUsai granted therein In favor of Corban Towers, Inc., which is not waived hereby but shall remain in full force and effect. WHEReFORE, the Corban Towers Inc. has set Its hend and seal the date first above written 03/02/2005 07:15 717-785-5549 F AC DES CONSTR PAGE 89 GRANTORS GRANTEE '~f?~ Marc Snyder STATE J e. x:as COUNTY OF Co lLL-r. ;ss On theS++'dayof :::ra..nLL/)...("~ 200t before me ~rsonally came \-I('..hl-~ A,ihornLl.<; as Pt'tSlclu-i:-t- of Corban Towers, Inc, who is to me known, or .allsfacton y proven, to be the person described in and who is authorized to execute !he foregoing instrument and acknowledged to me thet he executed the samo for the purposes contained therein. .<!II",,, >>~~'~" ?>to ~i: '\. , . ~''''' . "11'I\.. AHONOAJ STEWART MY COl/MISSION EXPIRES Oclobor i!5, 2005 ~~ Sk,wd NOTARY PUBLIC -0 COMMONWEALTH OF PENNSYLVANIA :ss COUNTY OF PIKE ':fir On the1=. day ofEL._..L., ~OI3, boforo me personally came Rlohard L, Snyder to me known, or satisfectorily proven, to be the person described in and who executed the foregoing instrument and acknowledged to me that he executed the same for tho purposes contained therein. Notarial $eal Nancy R. Janiec, Notary Public Milford Boro, Pike County My Commission Expires Oct 31, 2005 --------------- ~1a-44';62dA~ NOTA PUBLl~ ,,- ......" COMMONWEALTH OF PENNSYLVANIA COUNTY OF PmE C:.v.,~lD-rJ .,J",,,,ua.r~ """ '-/' On the au, day of BeD.",il.r, 2003, before me personally came John Snyder to me known, or satisfactorily proven, to be tile person described in and who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes conteined therein. :ss " NoIarlal Seal Lisa M, Greason, Nola1Y PUbllo Carlisle Bora, CUmlJOrlorw.1 County My Commission ExpI"'" Sept. 9, :lOO6 Member. Ponnsylv__OI 03/02/2005 07:15 717-705-5549 FAC DES CONSTR PAGE 10 NOTAR~C COMMONWEALTH OF PENNSYLVANIA COUNTYOF~ ~~ :ss On the Z- 'day of December, 2003, before me personally came Marc Snyder to me known, or satisfactorily proven, to be the person described in and who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes contained therein. ~ Record and return to: Notanal SsaI Lisa M. Greason, Notary Public Callisle Bora, CumtJe~and Coun1y My Commissjoo Expcros Sop!, 9, 2006 Member, F\:lnn$)'l\lOr'lIa Association Of Notaries '-. John J, Schneider, Esquire Weinstein, Schneider, Kannebecker & Lokuta, Esqs. 104 West High Street Milford, Pannsylvania 18337 - '-I :',~ ~..~ ",;;";".,, f Ii-\b+ ]) September I, 2005 Corban Networks, Inc. 901 Jupiter Road, Suite 100 PIano, TX 75074 Re: Tower on Lease Property Bloserville, P A Site To whom it may concern: Your company has been late for the second year in a row to make a lease payment to me for the above referenced site. This is in default of the lease agreement between myself and your corporation. Please remove your tower and its appurtenant equipment from the property that was leased. Restore the site to its pre-existing conditions. If you need any further infonnation please contact me at 717-241-4831. Thank you. Sincerely, Marcus Snyder VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. /I /f~'(t~-{(/r Marcus Snyder 1/ .4" ~:('t '- . / 7Q ~ ~ (J .J: s' ......c c:c. "" ~ -... ~ ~ I;- ~ ~ (') c ,...> <= c:,~ <f' 4;') ,"'I' ( o ..:::. ~ I v:> (') -0 .-\ ::1:. -..., i-Y'f''';:: :0',:;3 '.-:?:(....) /:_._~~~,} '::;(") (Sin .. -.-,. <- ,n ....:. ?.:7'- "'" ~ _-I '. F:IF1LES\DA T AFlLE\General\C..rrent\11424, 1 ,alf.serv Created: 12/9105 !J:40AM Revised: 12/9/05 11:40AM Carl C. Risch, Esquire Attorney l.D. Number 75901 Hillary A. Dean, Esquire Attorney LD. Nwnber 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiff MARCUS SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 5708 CIVIL TERM: CORBAN TOWERS, INC., t/dlbla CORBAN NETWORKS, INC., Defendant : ACTION IN EJECTMENT AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Corban Towers, Inc., 901 Jupiter Road, Plana, Texas 75074, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated November 18,2005. By Carl C. Risch, Esquire Attorney ID No. 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Sworn to and sUbs~ed before me this 9 day of December, 2005. ~Y't,~ Not y. ubhc COMMONWEALlH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Cartisle Boto, cu<nben8nd CountY My Commission Expi"",Aug, 18, 2(X1T Member. PfmM\""~'!'\\':I- a."'.!.ooatICn at No1:anes . . SENOER: COMPLETE THIS SECTION . Complete items 1, 2. and 3. Also complete item 4 if Restlicted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. D. Is delivery address different from item 1? If YES, enter delivery address below: ();cCf~ k~' 90JrY~ ~TX iS7J7f ) ,{,. DYes D No 3. Service Type aG:Jertifled Mall D Express Mail 6 Registered 0 Return Receipt for MerchandIse o Insured Mail 0 C.O.D. ... RI I' A-1:....,.,.(B:IMFeJ 2. ArtIcle Number ~from__I) PS Form 3811, February 2004 7005 0390 0003 2636 5429 Domestic Return Receipt IT' ru ::T U"I U.S. Postal Service,,, CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ..J] en ..J] ru en o o o o IT' en o Postage $ /" Certified Fee $2.30 10013 Return Receipt Fee : 14 ~'m.'" (Endorsement Required) $1.75 \ ~Dlr,/ Restricted Delivery Fee $3.50 ,"--- ,,' {Endorsement Required) <- '":' Total Postage & Fees $ 11/0312005 U"I o o ~ ~ r 102595-02-M-1540 [ ,\ _-1 -~---- .- Carl C. Risch, Esquire Attorney J.D. Number 75901 Hillary A. Dean, Esquire Attorney J.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff MARCUS SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05 - 5708 CIVIL TERM CORBAN TOWERS, INC., tld/b/a CORBAN NETWORKS, INC., Defendant : ACTION IN EJECTMENT PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Corban Towers, Inc., tldlb/a Corban Networks, Inc., for possession of the premises herein described as: ALL that certain piece, parcel or tract ofland situate in the Township of Lower Frankford, County of Cumberland and State of Pennsylvania being bounded and described as follows: Beginning at the northwest corner of the proposed lease area, said point also being the intersection of the southern right-of-way line of Township Road T-455, a thirty-three (33) foot right-of-way, and the eastern right-of-way line of Township Toad T-458, a thirty-three (33) foot right-of-way; thence along the southern right-of-way line ofT -455, North 780 54' 30" East a distance of 163.49 feet to a point; thence along same, North 780 21' 30" East a distance of 166.51 feet to an iron pin; thence across lands of the Grantor herein, South 110 38' 10" East a distance of315.41 feet to an iron pin; thence by the same, South 780 25' 00" West a distance of 106.53 feet to an iron pin; thence by same, South 750 25' 00" West a distance of 170.00 feet to an iron pin; thence along the eastern right-of-way line ofT-458, North 21000' 00" West a distance of 330.00 feet to the point of beginning. Said parcel containing 2.22 acres as per survey of Olsen, Zamick & Seybert, Inc. dated June 28, 1984. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on December 9, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTS ON, DEARDORFF, WILLIAMS & OTTO By / ", 'v arl C. Risch, E uire J.D. Number 75901 Hillary A. Dean, Esquire J.D. No. 92878 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: December 20, 2005 Carl C. Risch, Esquire Attorney J.D. Number 75901 Hillary A. Dean, Esquire Attorney I.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-334\ Attorneys for Plaintiff MARCUS SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 5708 CIVIL TERM CORBAN TOWERS, INe., t/d/b/a CORBAN NETWORKS, INC., Defendant : ACTION IN EJECTMENT TO: CORBAN TOWERS, INCo, t/d/b/a CORBAN NETWORKS, INCo IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 170]3 Telephone:(717) 249-3166 F WILLIAMS & OTTO By Carl C. Risch, Esquire !.D. 7590] Ten East High Street Carlisle, PA 17013 (717) 243-334] Date: December 9, 2005 Attorneys for Plaintiff ~ Carl C. Risch, Esquire Attorney LD. Number 75901 Hillary A. Dean, Esquire Attorney LD. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff MARCUS SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 5708 CIVIL TERM CORBAN TOWERS, INC., tldlbla CORBAN NETWORKS, INC., Defendant : ACTION IN EJECTMENT COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Hillary A. Dean, Esquire, being duly sworn according to law, deposes and says that she is an employee of MARTS ON, DEARDORFF, WILLIAMS & OTTO, attorneys for the Plaintiff(s) in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given to it by mail on December 9,2005. Sworn to and subscribed n n, before me this~ day of ~, 2005. ~ 'j{- Q~ Not ubhc COMMONWEALTH OF PLNNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Bora. Cumberland County My CommlSStOn Expires Aug. la, 2007 Member P~A""""alfanofNolan.s }JJ1 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addn:ssed as follows: Corban Towers, Inc., t/d/b/a Corban Networks, Inc. 901 Jupiter Road Piano, TX 75074 MARTS ON DEARDORFF WILLIAMS & OTTO By~;A,Q~ M . Price Ten st HIgh Street Carlisle, P A 17013 (717) 243-3341 Dated: December 20, 2005 (') r-> 0 iQ c:> (','-: c.::l -n (.J <f> t = ---l rr 7' --0 r'q R;~ tl (") -rJrr: \) f" <)9 -- 0 ~::~-:~c-' -...:) () -.,- >T, F ....... -0 ._"..,', 1:d U't ::r. '-!t) -.c:: -U ;::'-,rn ""'Q ,,'-' ~'" ~'::-.:.\ ~ l 'L"'. 'i::.. p::: ~ N -< ~ 0-> ~ R i2 r J:- - Carl C. Risch, Esquire Attorney LD. Number 75901 Hillary A. Dean. Esquire Attorney LD. Number 92878 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff MARCUS SNYDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 5708 CIVIL TERM CORBAN TOWERS, INC., t/d/b/a CORBAN NETWORKS, INC., Defendant : ACTION IN EJECTMENT Beginning at the northwest corner of the proposed lease area, said point also being the intersection of the southern right-of-way line of Township Road T-455, a thirty-three (33) foot right-of-way, and the eastern right-of-way line of Township Toad T-458, a thirty-three (33) foot right-of-way; thence along the southern right-of-way line ofT-455, North 780 54' 30" East a distance of 163.49 feet to a point; thence along same, North 780 21' 30" East a distance of 166.51 feet to an iron pin; thence across lands ofthe Grantor herein, South 110 38' 10" East a distance of315.41 feet to an iron pin; thence by thf' same, South 780 25' 00" West a distance of 106.53 feet to an iron pin; thence by same, South 750 25' 00" West a distance of 170.00 feet to an iron pin; thence along the eastern ri€,,ht-of-way line ofT-458, North 210 00' 00" West a distance 0030.00 feet to the point of beginning. TO: CORBAN TOWERS, INC., t/d/b/a CORBAN NETWORKS, INC. NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the ~~y of DF'r. , 2005, the following Judgment was entered against you in the above-captioned action for possession of the premises herein described as: ALL that certain piece, parcel or tract of land situate in the Township of Lower Frankford, County of Cumberland and State of Pennsylvania being bounded and described as follows: ..... Said parcel containing 2.22 acres as per survey of Olsen, Zamick & Seybert, Inc. dated June 28, 1984. Date: /J.. J:J {J / ().s o I I !,/ {?v1--k~72 Prothonotary ( I hereby certifY that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Corban Towers, lnco, t/dlb/a Corban Networks, Inc. 901 Jupiter Road PIano, TX 75074 -, '0 .. By virtue of this writ, on the _ day of . . I caused the within named , to have possession of the premises described with the appurtenances,and Wri t of Possession returned STAYED thi5 Q~t~ ppr ATTY. : methis1f!- ~4b ., I ByCJ OJIJf~ ~"io<tL I Sheriff's Docketing Surcharge Pro thy Cert. Mail Poundage Return: 18.00 30.00 1.00 18.56 1.16 (j@,n Advance Costs: 150.00 Sheriff's Costs: 68.72 91. 28 Refunded to Atty on 3/6/06 ':l ~, ~ '-J <:). '" '" ~ "'" III. s' 3)3 f c/1..-' ;{ ~.I'd'!"1 " . . " 2012 No 05-5708 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maarcus Snyder VSo Corban Towers, Inc. tld/b/a Corban Networks, Inc. WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y P!ff (s} Prothy Sheriff $ 79.50 $ $ 1.00 $- Plaintiff (s) attorney name and address: Hillary A. Dean, Esquire 10 East High Street Carlisle, Pa, 17013 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the _ day of , . I caused the within named , to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this Day of Sheriff By Prothonotary Deputy .. V'-~ ~ , toU WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Marcus Snyder 280 Pinedale Road, Carlisle Pa, 17013 VS. No. 05-5708 Civil Term_ Corban Towers, Inc. Corban Networks Inc 901 Jupiter Road Piano, Tx 75074 Costs Attorney's Plaintiff s Prothonotary $ 79.50 $ $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) Marcus Snyd~d, Carlisle, Pa, 17013 being: (Premises as follows): See description (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell hislher (or their) intere here' Prothono nd County, PA Date 12/22/05 (Seal) By: Jovce Miller Deputy TRUE COPY FROM RECOHlJ In T_tlmooy ~eaf.1 here unto set my han4 i1:d tAll., af said ~at Carlisle. Pa. fhis N'f~Y ~; ~. .._ (.J - . -' "'_ ~ . Prothonotar,